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(영문) 대전지방법원 2017.02.15 2016구합768
공유재산(수산부류 도매시장법인)사용.수익허가취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff’s designation as a wholesale market corporation (1) Daejeon Metropolitan City Mayor on May 29, 2014 (hereinafter “Distribution and Price Stabilization of Agricultural and Fishery Products Act”)

Pursuant to the Agricultural and Fishery Products Wholesale Market (hereinafter “instant wholesale market”)

(2) On July 31, 2014, the Daejeon Metropolitan City Mayor announced the designation plan of the wholesale market corporation of the instant wholesale market in accordance with the Agricultural and Fishery Marketing Act and the Daejeon Metropolitan City Ordinance on the Management and Operation of Agricultural and Fishery Products Wholesale Market, and the main contents thereof are as follows.

1. The number of wholesale market corporations: The corporation of the fishery business category;

3. Term of validity of designation of wholesale market corporation: Five years; and

5. Qualification requirements and selection criteria.

(a) Qualification requirements: Juristic person meeting the qualification requirements under Article 23(3) of the Distribution of Agricultural and Fishery Products Act - Asia - 3) The Plaintiff and Trade Union Co., Ltd. shall distribute new fishery market instruments (hereinafter referred to as “labor-related new fishery market distribution”).

) The Han field fishery corporation, etc. filed an application for designation as a wholesale market corporation with the Daejeon Metropolitan City Mayor in accordance with the above public notice (hereinafter “instant application”).

) On October 15, 2014, the Daejeon Metropolitan City Mayor designated the Plaintiff as a wholesale market corporation of the Ministry of Trade, Industry and Energy of the instant wholesale market (hereinafter “instant designation disposition”).

(B) On November 7, 2014, the Plaintiff filed an application with the Defendant for permission to use and benefit from public property for one commercial building related to the instant wholesale market, two commercial buildings related to the instant wholesale market, and freezing and freezing, and the Defendant on November 19, 2014 (hereinafter “Public Property Act”).

3) The Plaintiff is entitled to the permission of use and benefit (hereinafter “instant permission”).

C. The designation of a wholesale market corporation for the Plaintiff was revoked. The distribution of new fishery market for the Plaintiff was designated against Daejeon Metropolitan City Mayor as a wholesale market corporation under the Distribution of Agricultural and Fishery Products Act.

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